cis-tine of

meeting, & c.

Separate Coun- mon Councils shall meet at such place in said city as the said Councils, each for its own body, may after the first election agree upon, and afterwards at such place as by ordinance duly passed may be fixed for that purpose, between the hours of ten and twelve of the clock in the forenoon on the Monday following each and every election of Aldermen, and after organizing cach council temporarily, by selecting one for Chairman and one for Secretary, shall then and there receive the returns of their election as aforesaid, and shall forthwith proceed to examine the same and to judge and determine thereon; and for Aldermen to be that purpose the said Aldermen elected to the Select and Common Councils respectively, or a majority of them, shall be judges of their own elections, and shall have full power and authority to approve thereof or to set aside the same.

judges of Elec

tion.

Aldermen to take oath, &c.

elect necessary officers

Proviso:

SEC. 11. Each and every Alderman elected to the Select and Common Councils, returned and chosen in the manner aforesaid, and whose election shall be so as aforesaid approved of, shall, before he enters on the execution of his office, take a solemn oath or affirmation before some person competent to administer caths, "well and faithfully to execute the office of Alderman of the Select Council, or of the Common Council, (as the case may be,) of the city of Milwaukee;" and shall thereupon enter upon the duties thereof.

Each Council to SEC. 12. When the elections of the said Alderman, or of a majority thereof, in each Council, shall be so as aforesaid approved, each of the said Councils shall elect one member thereof to be the President thereof; and each Council shall elect a Secretary and such other officers as may be deemed necessary: Provided, that the same persons may be elected the Secretary and other officers of both Councils. And in case of a vacancy in any of said offices at any time, or in case of the absence or inability of the said officers to act, the said vacancy may be Vacancies- how filled by the election of another person to such vacant office, either permanently or temporarily as the case may require.

filled.

Duties of Council in Convention.

SEC. 13. The said Select and Common Councils, when organised as aforesaid, shall on the same or some subsequent day meet in convention, and add up and pass upon the returns from the several wards of the votes given at the previous elec tion for the offices of Mayor, Treasurer, Marshal and Attorney of the city, and also for all the officers authorised by this act to be elected in and for the several wards. And as such Judges of such elections shall pass upon and decide the legality or illegality of the same, and shall declare the person having the highest number of legal votes for any particular office, to be duly elected to such office. And the like proceedings shall be had after any special election to fill any vacancy in any of

the offices created by this act, or for any other purpose, at such time or times as the said Councils shall direct.

separate organization.

record proceed

Src. 14. The said select and common councils shall at Councils to have all times have a separate and distinct organisation. They shall not hold their sessions for the transaction of business on the same day, unless for extraordinary causes, which shall be entered upon their respective journals. Each council may authorise and appoint as many joint committees, standing commit-. tees and special committees as may be deemed necessary or expedient. Each council may adopt rules for its own government and proceedings. One council shall not adjourn for a longer term than four weeks without the consent of the other. A majority of each council shall be a quorum for the transaction of business, but a smaller [number] may adjourn. Their sessions shall be open and public. Their proceedings shall be Secretaries to recorded, and all their papers, and all election returns shall be ings. filed by their Secretaries; and the same may be examined at any time in the presence of the Secretary. Each member may have one vote on any one question and no more. The yeas and nays may be required at any time by one member, and on all questions, ordinances or resolutions for assessing taxes, or for the appropriation or disbursement of money, the vote shall be taken by yeas and nays and duly entered on the journal of pro- When vote to be ceedings. Each council may punish by fine its members, or may's other persons present for disorderly behavior; and may dismiss a member for neglecting his duties as such member, or for unnecessary absence from the sessions of council. At all elec- At elections tions by either council, or in convention of councils the vote viva voce. shall be given viva voce, and shall be duly recorded on the journals of each council. When the members of the councils meet in convention the President of the select council shall be the presiding officer of the convention and the Secretaries of the councils shall be the Secretaries thereof, and they shall duly record the proceedings of the convention on the journals of each council.

SEC. 15. The members of the select and common councils in convention assembled, shall elect by the vote of the majority present, for the term of one year, unless sooner removed, the following officers, and such others as may be necessary to carry out the powers conferred by this act on said municipal corpora tion, and also in the same manner and by the same vote remove them at pleasure, to wit: one city surveyor, one city clerk, school commissioners, one collector of taxes for each ward, one chief engineer of the fire department, and as many assistant engineers as they may from time to time deem expedient; one sealer of weights and measures; measurers of fuel, grain, lime

by yeas and

vote to be given

Council may elect and remove certain officers.

Council may dis miss certain officers.

and other articles; weighers of hay, pound masters, sextons or keepers of burial grounds, inspectors of flour and provisions, one harbor master, and one superintendent of the alms-house; and prescribe their compensation and duties, and impose and enforce such penalties as may be prescribed by ordinances for any malfeasance or improper conduct of any of said officers. SEC. 16. A majority of the members of each council in convention assembled shall have the power to dismiss from office any person elected or appointed to any office in said city, except Aldermen and Justices of the Peace; and the said council shall provide by ordinance the manner of hearing and disposing of complaints against officers. And in cases of a tie vote, or a failure in making an election of an officer or Alderman, or in case of the dismissal of an officer or Alderman, or where any officer elected or appointed for the city moves his residence without the limits of the city, or where any Alderman or officer elected or appointed in and for a ward moves his residence without the limits of such ward, or whenever a va cancy may occur in any other manner in any office to be filled When Mayor to by an election by the people, the Mayor shall by proclamation tion to all va order a special election, giving five days' notice thereof, for the election of a person to supply said vacancy. And where Other vacancies a vacancy may occur in any office to be filled by a vote of councils in convention, the same proceedings shall be had for the election of a successor as are herein directed for elections by the members of said councils in convention assembled. General powers SEC. 17. The power of the corporation of the said city Common Coun- shall be vested in said select and common councils, who shall in

issue proclama

cancies.

how filled.

of Select and

cils

Proviso.

separate and distinct council asssmbled have full power and lawful authority to make, ordain, enact, establish, publish, enforce, alter, modify, amend and repeal all such ordinances, rules and by-laws for the government and good order of the city, for the suppression of vice, for the prevention of crime, and for the benefit of the trade, commerce, and health thereof, as they shall deem expedient; declaring and imposing penalties, and to enforce the same against any person or persons who may violate any of the provisions of such ordinances, rules or bylaws, and such ordinances, rules and by-laws are hereby declared to be and have the force of law: Provided, that they be not repugnant to the constitution and laws of the United States, or of this State, and for those purposes shall have authority by ordinances, resolutions or by-laws.

Specific Powers I. To establish rates for and license and regulate taverns, of Councils grogeries and victualling houses, and all persons retailing or dealing in spirituous, vinous, or fermented liquors, and to license and regulate the exhibitions of common showmen or shows of

any kind, or the exhibition of any natural or artificial curiosity, caravans, circusses, or theatrical performances, and to provide for the abatement or removal of all nuisances, under the ordinances or at common law: Provided, That the license in this section mentioned, shall in no case be granted for a less sum or sums than is prescribed in an Act entitled "An Act licensing the sale of intoxicating liquors," approved March the eighth, one thousand eight hundred and fifty-one.

II. To restrain and prohibit all descriptions of gaming and fraudulent devices and practices, and all playing of cards, dice, or other games of chance, for the purpose of gaming in said city.

III. To prevent any riots, noise, disturbance, or disorderly assemblages, suppress and restrain disorderly houses or groceries, houses of ill fame, billiard tables, nine or ten pin alleys or tables, shows and exhibitions, and to authorise the destruction of all instruments used for the purpose of gaming.

IV. To compel the owner or occupant of any grocery, cellar, tallow chandler shop, soap factory, tannery, stable, barn, privy, sewer, or other unwholesome, nauseous house or place, to cleanse, remove or abate the same from time to time, as of en as it may be deemed necessary for the health, comfort, and convenience of the inhabitants of said city.

V. To direct the location and management of all slaughter houses and markets, to establish rates for and license venders of gunpowder, and regulate the storage, keeping and conveying gunpowder or other combustible materials."

VI. To prevent the incumbering of the streets, sidewalks, lances or alleys, with carriages, carts, wagons, sleighs, sleds, boxes, lumber, firewood or any other materials or substances whatever.

VII. To prevent horse racing, immoderate riding or driving in the streets, and regulate the places of bathing and swimming in the waters within the limits of said city.

VIII. To restrain the running at large of cattle, swine, sheep, poultry, and geese, and to authorise the distraining and sale of the same.

IX. To prevent the running at large of dogs, and to authorise the destruction of the same in a summary manner, when at large contrary to the ordinance.

X. To prevent any person from bringing, depositing, or having within said city, any putrid carcass, or any unwholesome substance, and to require the removal of the same by any person who shall have upon his premises any such substance or putrid or unsound beef, pork, fish, hides, or skins of any kind; and on default, to authorise the removal thereof by some competent officer, at the expense of such person or persons.

Proviso.

XI. To make and establish public pounds, pumps, wells, cisterns and reservoirs, and to provide for the erection of water works for the supply of water to the inhabitants of said city or any ward therein, to erect lamps, and regulate and license hacks, cabs, drays, carts, and the charges of hackmen, cabmen, draymen and cartmen in the city. And to provide for lighting the streets, public grounds, and public buildings of said city, with gas, or otherwise.

XII. To establish and regulate boards of health, provide hospitals and cemetery grounds, regulate the burial of the dead, and the return of the bills of mortality, and to exempt burying grounds and grounds set apart for the public use,

taxation.

from

XIII. To regulate the procuring of fire buckets, and the purchase of fire engines, and to preserve said city from injuries by fire, and to prescribe and regulate the materials of whi houses may be built within the fire limits, and the manner erecting and securing chimneys, and to provide for removin chimneys which may be deemed dangerous and to require provide for the building of new chimneys where deemed nece sary, at the expense of the owners or occupants of builds when the same may be required.

XIV. To regulate the assize and weight of bread, and: provide for the seizure and forfeiture of bread baked contra thereto.

XV. To establish fire limits.

XVI. To regulate the building of wharves, bridges, races, and canals, and provide for the security and prote of the same.

XVII. To prevent all persons riding or driving any b ox, mule, cattle or other animal on the side walks in said e or in any way doing any damage to such side walks.

XVIII. To prevent the shooting of fire arms or crack and to prevent the exhibition of any fire works in any situ which may be considered by the council dangerous to the or any property therein, or annoying any citizen thereof.

XIX. To restrain drunkards, immoderate drinking, scenity in the streets or public places and to provide for ar ing, removing, and punishing any person or persons who be guilty of the same.

XX. To restrain and regulate runners or solicit boats, vessels, stages, public houses or other establishm to regulate the police of the city, to appoint firemen, pres their duties and to punish their delinquencies.

XXI. To establish public markets and make rules an ulations for the government of the same, to appoint suita